WILL BOOK B, PAGE 332
(Dated January 16, 1879.)
I Mary Preston, of the City of Fort Smith,
Sebastian County, Arkansas, do make and publish
this my Will and Testament, hereby revolking
all former wills by me at any time theretofore
made First.
It is my will that my funeral expenses and
all my just debts be fully paid.
Second:
I give, devise and bequeath to my beloved
children Sophia Elizabeth Nichols, Ann Swift,
Charles Holmes and George. B. Preston, all my
property, real personal and mixed, to be
devided between them equally, share and share
alike.
Third:
It is my will that should either of the above
named children die before the separation or
partition of my property, then and in that case
the Heirs of such deceased child shall become
the proper recepient of the legacy or legacies
provided in the Will for the child so deceased.
And Lastly:
I hereby appoint my daughter Sophia Elizabeth
Nichols and Dr. Elias A. Duval to be the
Executors of this my last Will and Testament.
In testamony whereof I have hereunto set my
hand and seal this Sixteenth day of January A.
D. 1899
her
X
mark
Mary Preston

Attest: Willaim J. Weaver
Chas. A.
Bernie
(over)
Signed, Sealed, published and declared by the
above named Mary Preston as and for her Last
Will and Testament, in the presence of us, who
at her request have hereto set our hands and
signatures in her presence and in the presence
of each other.
William J. Weaver
Chas. A. Bernie

Codicel No. I.
I Mary Preston of the City of Fort Smith and
State of Arkansas do make and publish this
codicel to the foregoing insturment having my
last will and testament and heretofore make and
in addition to the same do hereby give and
bequeath to my two daughters, Sophia Elizabeth
Nichols and Ann Swift, both widows, all the
personal property of which I may die possessed.
Will Book B, Page 333. (Dated November 9, 1895)
wereever it may be, the most if not all of it,
is in the house on Walnut Street or A Street,
in the City aforesaid, the same tob e delivered
to the casem Sophia Elizabeth and Ann as soon
after my death as possible, the house above
referred to is the place where I now reside and
has been my home over twenty years.
And whereas, Dr. Elias R. Duval named in my
foregoing Will as one of the Executors thereof
having died several years ago, I hereby
nominate and appoint his brother Ben. T. Duval
to act in conjunction with Mrs. Sophia
Elizabeth Nichols the other executor or singly
in case she should die or refuse to act as the
Executor of my last Will and testament and this
codicil thereyto and see that my will is
carried out fully.
In testamony where of I have hereunto set my
hand and seal this Ninth day of November A. D.
1895.
her
X
Mary Preston
mark
I Ben T. Duval at the request of Mrs. Mary
Preston signed her name and she made her mark
in my presnce and in presence of the
subscribing witnesses.
The foregoing insturment was signed by Mrs.
Mary Preston and declared by her in our
presence, as the Codicil to her last Will and
testament written on this sheet of paper, dated
January 16 1. d. 1879 and we sign this in her
prence and in presence of each other at her
request.
Sarah J. Parke
Dora Guler
Codicil No. 2.
I Mary Preston of the City of Fort Smith and
State of Arkansas being in feeble health but of
sound and sisposing mind and memory do make and
publish this Codicil No. Two to my will
heretofore made and published on 16th of
January 1879 to whichI made a Codical on 9th
day of November A. D. 1895 giving to my two
daughters Sophia Elizabeth Nichols and Ann
Swift, both widows, all of the personal estate
of every descrption of which I may die
possessed and that my son George B. Preston and
Grandson John Holmes son of my son Charles
Holmes, deceased. Shall not have or be entitled
to any part thereof. And whereas, since the
making of my last Will and Testament aforesaid
I have acquired title to Lot NO. 8 in Block 50
in the City of Fort Smith upon which is a
dwelling house And whereas; said lot once
belonged to my grand daughter
(Will Book B, page 334)
Kate Marrow, the daughter of my said daughter
Ann Swift, I desire that after my death the
said property shall go to the two children of
said Kate. I herefore give and devise to
Sophia Elizabeth Nichols and Ben T. Duval my
Executors or in case of the death of either of
them in my life time, then to the survivor of
them the said Lor No. 8 in Block NO. 50 in the
City of Fort Smith, aforesaid to have and to
hold to them in trust for the said Lorena Kemp
and John Henry Kemp the children of Kate Marrow
and for their proper use and benefit. That my
said Executors shall take charge of said lot
and the improvements thereon immediately after
my death and shall rent the same out to the
best advantage and after paying the taxes,
insuraance and repairs to divide the net
balance of the rent, income and profits into
two equal parts, one of which is to be given to
each of said Lorena Kemp and John Henry Kemp
And upon the arrival of said John Henry Kemp to
the age of twenty-one years my said Executors
shall convey to the said Lorena and John Henry
Kemp the said property as tenants in common fee
simple, and in case of the failure of my said
Executors to perform the trust herin created,
in any particular then the same shall be
executed by the Circuit Court of Sebastian
County for the Fort Smith District upon the
petition of the said cesterisence trust or any
one for them, or etiher of them; it being my
desire and intention do give to them said
property in fee simple, but to withhold the
control and management of the same until said
John Henry Kemp has arrived at the age of
twenty one years. Hoping he then will
appreciate the value whereof and use it
discretely.
I earnestly request and direct my Executors
not to permit my said grand daughter Kate
Marrow to live in said house or in any wise
recieve or control any part of the rents,
income or profits thereof.
In witness whereof I hereby set my hand and
seal this 11th day of November
A. D. 1895 and declare the above instument of
writing to be a Codicil to my last Will therein
referred to.
her mark
X
Mary Preston
I Ben T. Duval signed the name of Mary
Preston at her request and she made her mark
thereto in
(Book B. Page 335)
my presence and at her request I sign my name
in presence of the witnesses.
Signed, sealed and in our presence and
declared by the said Mary Preston to be a
Condicil to her will therein referred to and we
sign the same at her request in her presence
and in presence of each.
Dora Guler
Sarah J. Parke
Proof of Will (dated September 14, 1897).
State of Arkansas
County of Sebastian
Personally appeared before me. t. n. Reed,
Clerk of the County and Probate Courts of
Sebastian County for the Fort Smith District
aforesaid William J. Weaver and Charles A.
Bernie to me well known, who being duly sworn
say that they are the subscribing witnesses to
the foregoing instrument of writing purporting
to be the last Will and Testament of Mary
Tabler (Tabler crossed out and Preston written
in) deceased; that said instument was executed
at the time, place and by the person therein
named; that said Mary Preston, the Testatricx,
was at the time of signing said instrument
upwards of twenty-one years of age, and of
sound and desposing mind and memory, and that
in the presence of both these affiants she
declared it to be her last Will and Testament,
and subscribed her name thereto in the presence
of both of these affiants; that at the request
of said Testatrix affiants wrote their names to
her said will in her presence and in the
presence of each other; that subscriptions to
the foregoing instrument of writing are
genuine, and that said insturment which is
hereto attached is the identical one that
affiants so witnessed and saw the saw Mary
Preston sign.
N. J. Weaver
Chas. A. Bernie
Subscribed and sworn to beofre me this 14th day
of September 1897.
T. N. Reed, Clerk
By Jno C. Gardner D.C.
Proof of Codicils to Will
State of Arkansas
County of Sebastian
Personally appeared before me. T. N. Reed
Clerk of the County and Probate Courts of Fort
Smith District of Sebastian County aforesaid
Sarah J. Parke and Dora Guler to me well known,
who, being duly
(Book B. Page 336)
sworn, say; That they are the subscribing
witnesses to the foregoing instruments of
writing purporting to be Codicils 1 and 2 to
the last Will and Testament of Mary Preston,
deceased; that said instrument was executed at
the time, place and by the person therein
named: that said Mary Preston, the Testatrix
was at the time of signing said instruments
upwards of twenty-one years of age, and of
sound and disposing mind and memory, and that
in the presence of both these affiants she
declared the said Codicils to be her last Will
and testament, and subscribed her name thereto
in the presence of both of these affiants wrote
thier names to her said Codiciles in her
presnce and in the presence of each other; that
the subscriptians to the foregoing instrument
of writing are genuine, and that said
instrument which is hereto attached is the
identical one that affiants so witnessed and
saw the said Mary Preston sign.
Sarah J. Parke
Dora (could be Dara) Guler
Subscribed and sworn to before me this 14th
day of September 1897.
T. N. Reed, Clerk
by Jno C. Gardner DC
Endorced
"Filed this 14 day of Sep 1897
T. N. Reed Clerk
by Jno C. Gardner D>C
Confirmed and admitted to Record on testimony
of subscribing witnesses: Oct 26, 1897
Joseph M. Spradling
Probate Judge